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5473ORDINANCE NO. 5473 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 7.16.050 OF CHAPTER 7.16 OF TITLE 7 AND SUBSECTION .200 OF SECTION 13.08.020 OF CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS AND OTHER RESTRICTED LOCATIONS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 7.16.050 of Chapter 7.16 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "7.16.050 CONSUMPTION OF ALCOHOLIC BEVERAGES—PLACES RESTRICTED—'ALCOHOLIC BEVERAGE' DEFINED. .010 It shall be unlawful within the City of Anaheim for any person or persons to consume any alcoholic beverage while upon any public street, parkway, sidewalk, alley or public parking lot or area, or upon any private parking lot or area open to the public either with or without compensation, or upon any other private parking lot or area within 200 feet of any dance hall or sex -oriented business as defined in this Code. It shall be unlawful within the City of Anaheim for any person or persons to consume any alcoholic beverage while being within or upon an automobile or any other motor -driven vehicle which vehicle is upon any public parking lot or area, or which vehicle is upon any private parking lot or area open to the public either with or without compensation, or which vehicle is upon any other private parking lot or area within 200 feet of any dance hall or sex -oriented business as defined in this Code. .020 'Alcoholic beverage' is defined as any beverage defined as an 'alcoholic beverage' by the Alcoholic Beverage Control Act of the State of California. .030 Any person violating any of the provisions of this Section shall be deemed guilty of a criminal infraction and, upon conviction thereof, shall be punishable by a fine as set forth in Section 36900 of the Government Code, or any successor provision thereto." L SECTION 2. That Subsection .200 of Section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".200 To consume any alcoholic beverage in any public park without first obtaining the permission of the City Council or a permit from the Parks, Recreation and Community Services Department. 'Alcoholic beverage' is defined as any beverage defined as an 'alcoholic beverage' by the Alcoholic Beverage Control Act of the State of California. Any person violating any of the provisions of this Subsection shall be deemed guilty of a criminal infraction and, upon conviction thereof, shall be punishable by a fine as set forth in Section 36900 of the Government Code, or any successor provison thereto." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 20th day of Dece bei 1994. MAYOR OF THE nTY OF Vr AHEIM ATTEST CITY CLERK OF THE CITY OF ANAH21M 9598.3\EEGAN\November 30, 1994 2 I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5473 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of December, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 20th day of December, 1994, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None COUNCIL VACANCY: COUNCILMEMBER: One AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5473 on the 20th day of December, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of December, 1994. c CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5473 and was published once in the North Orange County News on the 29th day of December, 1994. �J4 �.r�-IA—AAA eA-- 2 CITY CLERK OF THE CITY OF ANAHEIM